All provincially-regulated employers in Nova Scotia must have a workplace harassment policy in place by September 1, 2025. The policy aims to prevent and respond to physical and psychological harassment, such as bullying, intimidation, threats and unwanted behaviour that causes harm.
The new regulations, under Bill 464: Stronger Workplaces for Nova Scotia Act, follow a review of the workers’ compensation system in 2024, which highlighted the need to address workplace harassment. A report in 2022, by the Office of Equity and Anti-Racism, found systemic issues of racism, inequity and a lack of psychological safety in many organizations. According to Workers’ Compensation Board Nova Scotia, 194 psychological workplace injuries were reported in 2024, up from 150 three years ago.
To shape these new regulations, more than 600 Nova Scotians participated in public engagement sessions and shared personal stories. They called for clearer policies, better training, stronger leadership and meaningful supports.
Employers must now write a policy that includes expectations, how to report concerns and how complaints will be investigated. They have to commit to confidentiality and non-retaliation, and train staff on the policy, which must be reviewed at least every three years.
Janet Hazelton, president of the Nova Scotia Nurses’ Union, applauds the regulations. “It was rewarding for me to work with the WCB (Workers’ Compensation Board) review committee that recommended this change to help make our workplaces more respectful and psychologically safer for workers,” she says. “Psychological safety is as important as physical safety.”
A companion guide about harassment in the workplace guide clarifies expectations with a sample policy that employers can follow, along with a workplace harassment investigation checklist.
How to recognize workplace harassment
Workplace harassment can include unwelcome and/or repeated words or actions that degrade, intimidate, or threaten, and is also found through outside sources such as clients, contractors and customers. Harassment can exist even without intention to offend.
Although unpleasant interactions might not be harassment, they could develop that way if steps aren’t taken to resolve conflicts. Examples aren’t just attributed to those of a sexual or physical nature, but can include ridicule or malicious gossip, racial or religious jokes, persistent misgendering, malicious or unjustifiable interference with another’s work, verbal or written abuse or threats, and cyberbullying through email and social media.
The legislation states that a person cannot excuse their actions by saying they did not mean to offend, if the conduct had a humiliating, intimidating, or degrading effect on another person. Incidents of inappropriate conduct should be appropriately addressed to ensure that the workplace remains free of harassment.
In this respect, an employer’s duty extends to incidents at the workplace during work hours, incidents that occur outside the usual workplace or after work hours, such as a conference or work-sponsored social event, and conduct perpetrated by an employee, supervisor and someone with whom the worker is required to meet with.
Reasonable action
Understanding what is considered reasonable actions and not harassment is tricky yet important. Either way, concerns should be addressed early, especially if they escalate or reflect deeper workplace issues.
For employers, harassment usually does not include actions they take to manage employees or the workplace, such as delivering work instructions, scheduling and implementing appropriate dress codes.
When interpersonal conflict does not meet the legal or policy definitions of harassment, it is not considered workplace harassment. Examples include consensual workplace banter, friendly compliments or welcomed comments that are not driven by negative intentions, and minor disagreements, interpersonal conflict or differences of opinion between employees or between an employee and their supervisor.
Conflict can become harassment if escalates into targeted, repeated behaviour, causes humiliation, psychological harm, or a toxic work environment, and involves abuse of power or discriminatory conduct.
Cultural responsiveness is also crucial when considering responsibilities, particularly when engaging underrepresented and underserved workers, newcomers, and individuals from diverse backgrounds. Employers should recognize cultural differences and ensure that workplace policies, communication styles, training, and responses to concerns are inclusive, equitable, and non-discriminatory. Employers are encouraged to consult with legal or human resources professionals and to connect with the Office of Equity and Anti-Racism or Nova Scotia Human Rights Commission for guidance tailored to specific workplace needs.
Besides the written policy, employers can also consider proactive training on topics such as respectful workplaces, diversity and conflict resolution.
As well, the National Standard of Canada for Psychological Health and Safety in the Workplace recommends that leaders of organizations have the training and skills needed to “prevent psychological harm, promote psychological health of workers and address problems related to psychological health and safety.”
According to the Workers’ Compensation Board Nova Scotia, psychologically safe leadership comprises five key domains: communication and collaboration, social intelligence, problem solving and conflict management, security and safety, and fairness and integrity.
While many employers already have existing policies in place, they are advised to review the content to ensure compliance with the new regulations, given the specific definition of harassment.
Nova Scotia isn’t the only province amending its Occupational Health and Safety Act. Other provinces, like Alberta, have recently created policies to address harassment, and for good reason.
This issue is rampant across Canada. Nearly two-thirds (61 per cent) of human resources professionals feel workplace harassment is a growing issue in their organization and needs more attention, according to a survey last October by Traliant.
Meanwhile, the Canadian Labour Congress, in partnership with researchers at Western University and the University of Toronto, conducted a survey in 2022 that revealed 88 per cent of respondents who had experienced harassment and violence were transferred, suspended, fired or lost a shift, while 70 per cent had to miss work due to the negative effects.
Women, transgender, non-binary and gender-diverse workers were found to experience higher rates of violence and harassment, as well as workers with a disability and Indigenous respondents.
The most commonly reported perpetrators were third parties, such as customers, clients and patients, and co-workers. Few survey respondents said they actually reported incidents of violence and harassment and those who have were often not satisfied with the outcome.
